36C24121Q0845_1.docx

36C24121Q0845

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTA

CHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24121Q0845 09-10-2021 Ian Herrick 207-623-8411 09-24-2021 12:00

EDT

Department of Veterans Affairs VAMC Togus VA Center Augusta ME 04330 X X 541511 $30 Million N/A X White River Junction VAMC 215 North Main Street White River Junction VT 05009-0001 Department of Veterans Affairs VAMC Togus 1 VA Center Augusta ME 04330

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page This solicitation is for the consultation, design, coding, and website maintenance for the Conflict Analysis VA web-intervention: A whole health resource for rural Veterans See CONTINUATION Page X Karla Rotondo Branch Chief Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241 Department of Veterans Affairs VAMC Togus

1 VA Center Augusta ME 04330

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Performance Work Statement

A. GENERAL OBJECTIVES AND REQUIREMENTS

A.1. Title of Project: Conflict Analysis VA web-intervention: A whole health resource for rural Veterans A.2. Authority for the Project: Project lead: Maxwell Levis, PhD A.3. Purpose of the Project: This project will further the development of an online whole health resource for rural Veterans. Project supports furthering rural Veteran access to patient-centered wellness tools.

A.4 Background: Conflict Analysis (CA), an online self-guided whole health intervention, was developed using the Qualtrics survey platform. In preparation for a VA clinical implementation trial, we will be shifting operations to an independently hosted platform that has improved interactive functionality, increased customization, and better connectivity with VA systems requirements. To accomplish this, we will need to develop a new web platform that hosts the online CA intervention. This Performance Work Statement (PWS) includes the range of services that are needed for the first year in which we plan to design and construct the new platform/intervention. During the subsequent years, we will work to refine, expand, and implement this platform/intervention. The contractor will work closely with the PI and research team, to assist with work related to VA redesigns, implementation of new technology (ex. Responsive Design, Natural Language Processing), updating and editing code for existing materials as well as removal and addition of materials. The contractor will provide consultation, design, coding, and website maintenance.

A.5. Scope and Methodology:

A.5.1. Scope of Work: The Contractor shall provide services for setup, development, maintenance, and training of a publicly available website for Veteran whole-health activities that is consistent with VA security requirements and built on similar government approved and utilized systems.

A.5.2 Methodology:

General requirements include:

· Platform/intervention Sitemap

· Platform/intervention Mock-up

· Platform/intervention Development

· Platform/intervention Testing

· Platform/intervention Deployment/Maintenance

Performance award will be 12 months from date of award with 2 option years for continued development, maintenance, transferring and support as needed for functionality and to meet VA requirements.

A.5.3 Requirements:

· Contractor must meet GSA schedule requirements.

· Site content must comply with section 508 (accessibility) according to VA interpretation of the law http://www.section508.va.gov/ .

· Must be able to maintain high attention to detail for page formatting, design style as well as CSS style/coding consistency.

· Design of new or revised materials will be conducted with the contractor providing a minimum of two different options to choose between to direct subsequent design.

· Provide recommendations and guidance around website design such as page design, video display, responsive design, etc.

· Must have skill with integration of Natural Language Processing resources.

· Ability to respond to requests within one business day, including provision of emergency contact and assistance in time of disaster or other urgent national need.

A.6 Applicable Documents:

The following regulations and guidelines apply to this work statement:

· VA 6102 regulations found: https://www.va.gov/vapubs/search_action.cfm?dType=1

B. TASKS AND ASSOCIATED DELIVERABLES

B.0 Conflict Analysis Website and Intervention

CA is an interactive and personalized online whole health intervention. Results from our pilot VA research suggests that CA strengthens Veteran self-understanding, motivation to change, and therapeutic engagement, qualities that are important for whole health achievement. Given its interactive online format, CA may offer particular benefits for rural Veterans that may have less in-person mental health care options. In preparation for a subsequent proposal to implement CA broadly in rural Veterans, we propose to refine CA’s online interface to make it more Veteran-centered by improving its interactive functionality and incorporating patient feedback. The intervention will be hosted within a self-contained web platform that provides additional whole health resources, links, and background information. The current deployment will not be hosted behind VA firewall, but must nonetheless maintain the highest standards of privacy and security. Contractor must be competent in interactive web design and various forms of input analyses. A current version of CA has been utilized within prior pilot studies. Contractors can utilize this prior development to inform design and flow.

B.1 Content areas:

There are four primary components of the CA intervention. The intervention is composed of the following sections: 1) introduction; 2) brief-multiple-choice questionaries; 3) narrative and creative assessments; 4) personalized feedback that includes Natural Language Processing (NLP) derived analysis of narrative input and graphic visualizations of multiple-choice questionary input.

B.2 Offline Content Management System

Output must be accessible for management, research, and product improvement.

C.0 Place of Performance

All work shall be conducted at the contractor location.

D.0 Period of Performance

The period of performance will be a one 12-month base period, with two 12-month option periods. The option periods are not guaranteed and are subject to the Contracting Officer exercising each period based on the Government’s identified need and the availability of appropriated funds.

E.0 Tasks We anticipate the following components within the new Conflict Analysis website and intervention, listed as follows:

E.1 Platform/intervention Development of website that will house online whole health intervention, additional whole health resources, links, and background information. Website will be tailored for rural Veteran End Users.

E.2 Development Environment

To best manage implementation, we will design Set Up Production, Quality Assurance, and Development environments, and develop build process, including database, local development, and Single Page Application (SPA) configuration.

E.3 Access

Establish User Roles (Project Manager; Clinical Liaison; End User), and configure security, granular permissions; manually establish credentials for designated admins; Account Creation and Authentication Interface; Interface would allow for account setup/registration and self-management of credentials (forgot password, etc.); Registration process that would capture and validate email; Recaptcha configuration; Deter spam bots and malicious attacks.

E.4 Design

As a way to best engage rural Veterans in online whole health care, we will develop a custom theme survey, instruction page and graphic design theme; Intervention will use http://surveyjs.io library, allowing for common field types (DDL, checkbox, radio button, multi-select, short and long text), plus drawing fields; Survey custom styling to create welcoming and functional interactive design.

E.5 Flow

To best retain Veteran users and boost participation, the intervention will use continuous and partial survey saves; persist after each question, bookmark where last left off; continue incomplete survey; login / fetch survey for user / advance to last question.

E.6 Feedback

NLP is the branch of machine learning that evaluates patterns in written text data. It is increasingly leveraged as a resource to mine information from text sources, allowing real time access to topics and themes present in the data. We will use NLP to provide analysis of text input which will then be used to provide personalized feedback; word cloud, topic modeling, and semantic analysis, among other methods, will be utilized to extract text pattern data; We will configure NLP to give feedback during the process. To achieve this, we will hook into survey event system and feed content to NLP. NLP derived feedback for a given survey section will be presented at the end of each section, at end, and looped into PDF record that can be downloaded/emailed by End User.

E.7 Output Send results to End User, Project Manager, and/or Clinical Liaison; Sent as PDF via email; End User would be able to designate targeting (i.e., simple; checkbox to authorize forwarding to clinical staff); organization of data for data analysis, secure download, port to behind VA firewall for analysis. Data records for individual End Users and aggregate data must be downloadable on back end for continued research. The existing output format should be used as reference to inform design and functionality. Any stored content on the platform/intervention will be encrypted and stored in a way that is consistent with VA security requirements in the VA Handbook 6500.

E.8 Behavioral Analytics

To best manage user experience, we will use Behavioral Analytics; Tracking anonymous system use and user journey; would rely on a standard analytics platform (Google Analytics).

E.9 Support

The contractor shall monitor online production management, content and layout for design, 508 compliance, and the creation of databases. The contractor shall work cooperatively with VA staff to assist them with using technologies and effectively solve problems.

The contractor shall update and maintain online information, including maintaining up to date and accurate information and recommends solutions that are creative, pertinent, and provide an in-depth understanding of the issues. Schedules are met for the production of regular website statistical reports and other communication reports.

The contractor shall assure compliance with regulations on technology and communications, including remaining current on VA regulations such as 6102, section 508 compliance, and more as well as assisting with monitoring compliance across the Center’s activities.

The contractor will be in active communication with project PI, a clinical health researcher, as well as his operations team.

F.0 Requirements and Skills Needed

Contractor must meet GSA requirements and have significant experience with VA and federally funded initiatives. Contractor shall monitor online production management, content, and layout for design, 508/ OIT compliance, and the creation of databases. Contractor shall work cooperatively with team to assist to effectively solve problems, update, and maintain online information, including recommending solutions that are pertinent and innovative. Contractor shall assure compliance with regulations on technology and communications, including remaining current on VA regulations such as 6102, section 508 compliance, and OIT recommendations. Developer must be proficient in: HTML 5, ASP, Java Script, video players, Bootstrap 3, coding forms and other web technologies that could make intervention more engaging; Designing, creating, maintaining and supporting large educational websites; Web design and consultation for a large, multilevel website; Expert in CSS and Responsive design; Google Analytics reporting; Usability and User Interface Design, Site architecture; Use of video formats; Maintaining a secure, shared hosting environment.

Contractor team should include experienced professionals with robust skills in web development, NLP, UX Design and graphic design, data management, behavioral analytics, and cloud hosting. Contractor team should include a team liaison and quality assurance point person.

G.0 Task Order Performance Standards and Quality Assurance Surveillance Plan (QASP)

The Government shall evaluate the contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure the contractor has performed in accordance with the acceptable performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

Standard Surveillance Method

E.2 Development Environment

E.3 Access

E.4 Design

E.5 Flow

E.6 Feedback

E.7 Output

The Contractor’s performance on this task order will be reported on an annual basis to the Contractor Performance Assessment Reporting System (CPARS). Poor performance may result in issuance of a Contractor Discrepancy Report (CDR) by the COR or CO. The CO and COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the contractor’s performance, to complete the CPARS. The Government will not pay for services that do not conform or do not meet acceptable performance standards or have not been properly rendered. The contractor will be given an opportunity to correct non-conforming services at no cost to the Government if the services are non-conforming or the contract requirement is unacceptable.\

G.0 Definitions

1. Web Development: We expect a team with excellent web development resources, with proficiencies in building code from the ground up and leveraging leading existing software solutions. Liaison should have strong technical prowess and prior experience with related builds. We prefer familiarity working with Python, HTML5, JAVA, CSS, but are open to other language solutions.

2. Natural language processing: Natural language processing (NLP), the branch of machine learning that tackles analysis of written text, is a key aspect of this project. We expect a team that has competency with leveraging analytical tools including, topic analysis, semantic analysis, part of speech tagging, and word clouds.

3. UX Design and Graphic Design: A key project goal is making an accessible and user-friendly product that VA-users will enjoy and find meaningful. We expect a team that has high UX capacity and familiarity with VA users. As part of development process, it is important that identify how long it takes to complete specified tasks, find out how satisfied participants are with websites or applications, identify changes required to improve user performance and satisfaction, analyze performance to see whether it meets usability objectives, develop a plan to improve deficiencies identified through usability testing, if any, and reiterate usability testing cycles as needed. To gauge success, site metrics must be easy to track and reports be easily generated. Team will work with relevant stakeholders to enable appropriate areas of the public website to fully integrate and leverage Google Application Programming Interfaces (APIs) for Google web tools related to analytics, search, tag management, and Webmaster Reports. Where appropriate, team will set up and configure analytics to track web statistics and activity, and present custom reports and site metrics on a monthly basis, at a minimum.

4. Cloud hosting: We anticipate developing Production, Quality Assurance, and Development environments, and developing build processes, including database, local development, and Single Page Application (SPA) configuration. Hosting does not need to be behind VA firewall, but all data must be secure and protected. The hosting architecture should include necessary security functions to add protection to site. Hosting should be scalable, allowing for increased resources as project expands.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Project Manager (Project Manager II)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Scrum Master (Project Manager I)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Business Analyst ( SME III)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Web services and Content developer III

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Python Software Developer (Full stack developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Graphics Designer (Web services and content developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Secure and compliant web hosting

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Project manager (Project manager II) Contract Period: Option 1 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Scrum master (project manager I)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Business analyst (SME III)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Web services and content developer III

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Python software developer (Full stack developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Graphics designer (Web services developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Secure and compliant web hosting

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Project manager ( Project manager II) Contract Period: Option 2 POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Scrum master ( Project manager I)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Business analyst (SME III)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Web services and content developer III

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Python software developer (Full stack developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Graphics designer (Web services and content developer II)

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

Secure and compliant web hosting

POP Begin:

POP End:

PRODUCT/SERVICE CODE: 7A20 - IT and Telecom - Application Development Software (Perpetual License Software)

B.3 DELIVERY SCHEDULE

215 North Main Street White River Junction, VT 05009

USA

500.00

215 North Main Street White River Junction, VT 05009

150.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

400.00

215 North Main Street White River Junction, VT 05009

200.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

1.00

215 North Main Street White River Junction, VT 05009

150.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

75.00

215 North Main Street White River Junction, VT 05009

320.00

215 North Main Street White River Junction, VT 05009

150.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

1.00

215 North Main Street White River Junction, VT 05009

150.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

75.00

215 North Main Street White River Junction, VT 05009

320.00

215 North Main Street White River Junction, VT 05009

150.00

215 North Main Street White River Junction, VT 05009

100.00

215 North Main Street White River Junction, VT 05009

1.00

CONFLICT ANALYSIS WEB INTERVENTION DRAFT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or…